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4 . 3 In the event that County, its licensees, agents, successors, or assigns, in
<br /> any manner, disrupts, contaminates, interferes with, or causes any damage whatsoever to any
<br /> portion of the dominant estate not limited to diminished or contaminated water quality caused by
<br /> County' s use of the Easement Area not limited to the landscaping, personal property, or
<br /> improvements thereon and/or to the Association Property, then County shall replace or repair
<br /> such landscaping, personal property, or improvements, etc . , within ten ( 10) days of the date such
<br /> damage occurred, provided, that if such replacement or repair cannot be completed within a
<br /> period of ten ( 10) days , County shall commence performance within said ten ( 10) day period and
<br /> continuously prosecute same to completion with due diligence. The foregoing obligations of
<br /> County shall include repair of any portion of the Association Property affected by any
<br /> construction on the County Property, including curb cuts and road work from the Easement
<br /> Area(s) .
<br /> 4 . 4 The rights granted herein shall be exercised by County at all times in a
<br /> reasonable manner and without undue interference with the use and occupancy of the lands
<br /> covered by or abutting the Easement.
<br /> 5 . Maintenance. Association shall maintain, repair, replace, and reconstruct, as
<br /> may be appropriate, the Easement Area in conformity with its existing condition, except for any
<br /> damage to the Easement Area and improvements and personal property hereon caused by County
<br /> in which case County shall maintain, repair, replace, and reconstruct, as may be appropriate, the
<br /> Easement Area.
<br /> 6 . Indemnification. To the extent allowed by law and without waiver of its
<br /> sovereign immunity, County further agrees to indemnify, defend, and hold Association harmless
<br /> from and against any and all claims, rights, causes of action, losses, or liabilities arising out of
<br /> County ' s exercise of County ' s rights under this Agreement or the actions or omissions of
<br /> County, its employees, agents, and licensees, in connection with. . this Agreement, including, but
<br /> not limited to, Association' s reasonable attorneys ' fees and costs, whether or not suit be brought
<br /> and through and including all post judgment and appellate proceedings.
<br /> 7 . Easement Maintenance, Improvements, and Relocation. As to the Drainage
<br /> Easement, the Association shall not have the right to alter or improve the Drainage Easement
<br /> Area, or to relocate the Easement Area if such act(s) would detrimentally effect the or otherwise
<br /> frustrate the Drainage Easement Purpose without first obtaining County' s prior written consent.
<br /> As to the Access Easement, the Association shall not have the right to alter or improve
<br /> the Access Easement Area, or to relocate the Access Easement Area without first obtaining
<br /> County' s prior written consent; provided however, that Association shall have the right at all
<br /> times without consent of County, and subject to Association' s maintenance obligations under
<br /> Section 5 , to alter, modify or improve landscape, signage, lighting, equipment, irrigation and
<br /> other aesthetic features adjacent to the Easement Area on Association' s Property, and (ii) to
<br /> establish, prescribe and enforce security within the Easement Area.
<br /> 8 . Successors and Assigns. This Agreement shall inure to the benefit of, and be
<br /> binding upon, the successors and assigns of the parties hereto , shall be an easement burdening
<br /> WPB : 334639: 1
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